FERPA is a federal law in the United States that safeguards the privacy of student education records. Enacted in 1974, FERPA grants parents specific rights concerning their children’s educational information, which transfer to students once they reach the age of 18 or attend a school beyond high school. This legislation plays a crucial role in ensuring that personal and sensitive student data is protected from unauthorized access or disclosure.
As education increasingly adopts digital platforms and remote learning, FERPA compliance has become even more critical. Institutions must follow strict guidelines to protect student privacy from education records to directory information.
This blog provides an in-depth overview of FERPA, its significance, and how schools and organizations can remain compliant while leveraging modern technologies.
FERPA: Meaning & Definition
The Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law designed to protect the privacy of students' education records. Often referred to as the "Buckley Amendment," FERPA grants parents and eligible students (those over 18 years old or enrolled in post-secondary education) certain rights regarding access to and control over their educational records.
FERPA applies to all educational institutions that receive funding from programs administered by the U.S. Department of Education. Public schools, universities, and many private institutions must adhere to FERPA's regulations to ensure compliance.
What is the Purpose of FERPA?
FERPA was enacted to address growing concerns about the misuse of student information. Its primary purpose is ensuring educational institutions respect and protect students' privacy. By granting parents and eligible students control over access to education records, FERPA seeks to prevent unauthorized disclosures that could lead to discrimination, identity theft, or breaches of trust.
Key objectives of FERPA include:
Ensuring parents and students can access and review educational records.
Establishing guidelines for when and how schools can disclose personal information without consent.
Providing a framework for managing directory information to maintain transparency while safeguarding privacy.
How Does FERPA Help Protect Student Data?
FERPA protects student data by requiring educational institutions to follow specific procedures and obtain consent before sharing personal information. Under FERPA:
Institutions must notify parents and eligible students about their rights annually.
Schools cannot release personally identifiable information (PII) from education records without explicit written consent, except in authorized situations.
Safeguards must be implemented to prevent unauthorized access to sensitive student data, particularly in digital and remote learning environments.
FERPA’s guidelines ensure that student data remains secure, empowering families to make informed decisions about their privacy while fostering trust in educational institutions.
What Information is Protected by FERPA?
FERPA defines and protects specific types of information in student education records to safeguard their privacy. This protection applies to data collected and maintained by educational institutions or parties acting on their behalf. Below are the two key categories of information covered under FERPA:
Education Records
Education records refer to any records, files, documents, or other materials containing information directly related to a student and maintained by an educational agency, institution, or a party acting for the institution. These records may exist in various formats, including paper documents, digital files, or audio-visual materials.
Examples of education records protected by FERPA include:
Grades and report cards
Transcripts
Class schedules
Disciplinary records
Special education records
Health and immunization records maintained by the school
FERPA ensures these records remain private and accessible only to authorized individuals, such as parents, eligible students, or school officials with legitimate educational interests.
Directory Information
While FERPA protects most student data, it allows schools to designate certain information as "directory information," which is generally less sensitive and may be disclosed without prior consent unless the student or parent opts out.
Examples of directory information include:
Student name
Address
Phone number
Date and place of birth
Major field of study
Dates of attendance
Degrees and awards received
Participation in officially recognized activities and sports
However, even with directory information, FERPA requires schools to notify parents and eligible students about their rights to opt-out of the disclosure of this information. Educational institutions must strike a careful balance between transparency and the protection of privacy when handling directory information.
By clearly defining and regulating access to these types of information, FERPA helps protect the integrity of student data while providing a framework for its appropriate use.
FERPA Requirements and Exceptions
FERPA establishes clear requirements for educational institutions to ensure the protection of student privacy. At the same time, it outlines specific exceptions where institutions can disclose information without prior consent. Understanding these requirements and exceptions is essential for compliance.
FERPA Requirements
Annual Notification of Rights: Schools must notify parents and eligible students annually of their rights under FERPA. This includes the right to:
Inspect and review education records.
Request corrections to inaccurate or misleading information.
Provide consent before the release PII.
Consent for Disclosure: Written consent must be obtained before disclosing PII from education records, except in cases where exceptions apply. Consent should include:
The specific records to be disclosed.
The purpose of the disclosure.
The parties to whom the disclosure will be made.
Record-Keeping of Disclosures: Schools must maintain a record of each request for access to or disclosure of PII. This record must include:
The parties who requested or received the information.
The legitimate interest the parties had in the information.
Secure Handling of Data: Institutions are required to implement measures to safeguard student records, particularly in digital environments. This includes encryption, access controls, and secure storage systems.
FERPA Exceptions
FERPA includes several exceptions where educational institutions may disclose PII without prior written consent:
School Officials with Legitimate Educational Interest: PII may be shared with school officials (teachers, administrators, contractors) who need access to perform their professional responsibilities.
Transfer to Other Schools: Schools can disclose records to another educational institution where the student intends to enroll or transfer.
Health or Safety Emergency: In emergencies, schools may disclose PII to protect the health or safety of students or others.
Judicial Orders or Subpoenas: Schools can release information in compliance with a lawfully issued subpoena or court order.
Financial Aid Purposes: Information may be disclosed to determine a student’s eligibility for financial aid, the conditions of the aid, or to enforce its terms.
Directory Information: As mentioned earlier, schools may disclose directory information unless a student or parent opts out.
Studies Conducted for or on Behalf of Schools: Institutions may share data with organizations conducting studies to improve instruction, administer student aid programs, or develop predictive tests.
By adhering to these requirements and understanding the exceptions, schools can navigate FERPA regulations effectively while maintaining a strong commitment to protecting student privacy.
Common FERPA Violations and Penalties
Despite the clear guidelines outlined by FERPA, educational institutions may inadvertently or intentionally violate its provisions. These violations can have serious consequences, ranging from reputational damage to legal and financial penalties. Understanding the most common violations and their penalties is crucial for maintaining compliance.
What Are the Most Common FERPA Violations?
Unauthorized Disclosure of Education Records: Sharing a student’s PII without explicit consent or outside of FERPA exceptions is a direct violation. Examples include:
Emailing grades or sensitive information to the wrong recipient.
Publicly posting grades or test results with identifying information.
Improper Handling of Directory Information: Even though directory information can be disclosed under certain conditions, failing to provide students or parents the option to opt out of such disclosures constitutes a violation.
Failure to Secure Student Records: Inadequate security measures, such as using unsecured storage systems or failing to restrict access to sensitive records, can lead to data breaches and FERPA violations.
Lack of Annual Notifications: Institutions that do not notify parents and students annually of their FERPA rights fail to meet a fundamental compliance requirement.
Disclosing Information Without Legitimate Educational Interest: Allowing access to student records for individuals or parties without a legitimate educational interest, even if internal to the institution, is a violation.
Improper Data Sharing with Third Parties: Sharing data with contractors or third-party vendors without proper agreements that specify FERPA compliance can result in a breach.
FERPA Violation Penalties
Violations of FERPA can lead to significant consequences for educational institutions, including:
Loss of Federal Funding: The most severe penalty for non-compliance is the potential loss of federal funding. This can jeopardize the institution’s financial stability and operations.
Formal Complaints and Investigations: Students or parents can file complaints with the U.S. Department of Education’s Family Policy Compliance Office (FPCO), which may launch formal investigations.
Reputational Damage: Violations can erode trust among students, parents, and the community, leading to long-term reputational harm.
Legal Consequences: While FERPA itself does not allow for private lawsuits, violations may open the door to legal action under other privacy laws or regulations, particularly in cases of negligence.
Data Breach Costs: Failing to secure digital records may lead to costly data breach response efforts, including notifications, remediation, and potential fines under other privacy laws.
By being vigilant and proactive about FERPA compliance, educational institutions can avoid these common pitfalls and protect the privacy of their students effectively.
Best Practices for FERPA Compliance
Maintaining FERPA compliance is essential for educational institutions to protect student privacy and avoid costly penalties. Implementing best practices helps ensure adherence to FERPA regulations and builds trust with students, parents, and the broader educational community. Below are key best practices to follow:
1. Educate Staff and Faculty on FERPA
Provide regular training sessions for all employees, including teachers, administrators, and IT staff, to ensure they understand FERPA regulations, their responsibilities, and how to handle student data securely.
Include real-life scenarios to highlight potential compliance issues.
Ensure employees understand how FERPA applies in both physical and digital environments.
2. Limit Access to Student Records
Adopt a principle of least privilege by granting access to education records only to individuals with a legitimate educational interest. Use role-based access controls to manage permissions effectively.
3. Strengthen Digital Security
In an era of increasing cyber threats, protecting digital student records is critical. Key measures include:
Using encrypted databases for storing sensitive information.
Requiring secure logins and multi-factor authentication (MFA) for accessing student records.
Regularly updating software and systems to address vulnerabilities.
4. Implement Opt-Out Mechanisms for Directory Information
Notify parents and eligible students about their rights to opt-out of directory information disclosures. Provide clear instructions and deadlines for submitting opt-out requests.
5. Establish Clear Data Sharing Policies
Ensure third-party vendors and contractors handling student information adhere to FERPA compliance standards. This may include:
Drafting data-sharing agreements specifying FERPA compliance.
Auditing vendor practices to verify adherence to privacy standards.
6. Regularly Audit and Review Policies
Conduct periodic audits of FERPA policies and procedures to identify potential gaps or risks. Update policies as needed to adapt to changes in technology and regulatory requirements.
7. Manage Records Retention and Disposal
Establish clear guidelines for how long student records should be retained and securely dispose of records no longer needed. This minimizes the risk of unauthorized access to outdated information.
8. Communicate Privacy Policies Clearly
Share your institution’s privacy policies with students and parents. Transparency fosters trust and ensures everyone understands their rights under FERPA.
9. Monitor Remote Learning Tools
For institutions leveraging digital learning platforms, ensure that the tools comply with FERPA requirements. Evaluate features like user access controls, data encryption, and secure storage.
10. Respond Swiftly to Privacy Concerns
Establish a protocol for addressing privacy concerns or potential violations. Promptly investigating and resolving these issues demonstrates a strong commitment to FERPA compliance.
By following these best practices, educational institutions can create a culture of privacy and accountability, ensuring that student data remains secure and FERPA-compliant.
Protect Student PII Under FERPA with Secure Remote Learning Solutions
As remote learning becomes more prevalent, protecting student PII in compliance with FERPA has never been more critical. Remote learning platforms introduce unique challenges, such as data transmission over the internet and increased reliance on third-party tools. To ensure compliance, institutions must adopt secure and reliable remote learning solutions that prioritize student privacy.
Key Features of a FERPA-Compliant Remote Learning Solution
End-to-End Encryption: Secure remote learning platforms should use end-to-end encryption to protect data during transmission. This prevents unauthorized access to sensitive information, even if intercepted.
Role-Based Access Controls: Platforms must allow administrators to define and control access levels for different users, ensuring that only authorized personnel can access specific student data.
Audit Trails and Monitoring: Logging and monitoring user activities provide accountability and help identify potential unauthorized access to student records.
Data Minimization and Retention: FERPA-compliant tools should store only the necessary data and allow for secure deletion when records are no longer needed.
Compliance with Third-Party Vendors: Remote learning tools that integrate with third-party services must ensure those services also comply with FERPA. Data-sharing agreements should specify privacy obligations.
How Splashtop Supports FERPA Compliance
Splashtop offers robust remote access and learning solutions designed to meet FERPA requirements.
Encrypted Connections: Splashtop provides AES 256-bit encryption, ensuring all data shared during remote sessions remains secure.
Granular User Permissions: Administrators can control access to shared resources, safeguarding sensitive student data.
Secure Remote Access: Educators and administrators can remotely access on-premise computers and educational resources without transferring sensitive files unnecessarily.
Detailed Session Logs: Splashtop provides activity logs and audit trails, allowing institutions to monitor and document compliance efforts.
Reliable Remote Support: IT teams can securely troubleshoot and maintain devices used for remote learning while adhering to FERPA guidelines.
Educational institutions can confidently transition to digital and remote learning environments by leveraging tools like Splashtop. With its robust security features and commitment to compliance, Splashtop empowers schools to protect student PII, ensuring a safe and FERPA-compliant learning experience.
Learn more about Splashtop’s solutions for education.
